Title 5 — Government Organization and EmployeesRelease 119-73
§4102 Exceptions; Presidential authority
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart C— - Employee Performance › Chapter CHAPTER 41— - TRAINING › § 4102
Summary
Most of the chapter does not apply to a few specific cases: a corporation supervised by the Farm Credit Administration when private interests choose or appoint a board member; the Tennessee Valley Authority; a uniformed service member (except a commissioned officer of NOAA) while they are paid under section 204 of title 37; the U.S. Foreign Service; and people the President appoints unless he specifically names them for training under this chapter. Sections 4110 and 4111 still apply. The President may, if it serves the public interest, exclude an agency, part of an agency, or a group or class of employees from the chapter or parts of it (but not the rule that lets him do this). He can also cancel any such exclusion.
Full Legal Text
Title 5, §4102
Government Organization and Employees — Source: USLM XML via OLRC
(a)(1)This chapter does not apply to—
(A)a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B)the Tennessee Valley Authority; or
(C)an individual (except a commissioned officer of the National Oceanic and Atmospheric Administration) who is a member of a uniformed service during a period in which he is entitled to pay under section 204 of title 37.
(2)This chapter (except section 4110 and 4111) does not apply to—
(A)the Foreign Service of the United States; or
(B)an individual appointed by the President, unless the individual is specifically designated by the President for training under this chapter.
(b)The President, at any time in the public interest, may—
(1)except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
(2)withdraw an exception made under this subsection.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2303.
July 7, 1958, Pub. L. 85–507, § 4, 72 Stat. 329.
May 26, 1959, Pub. L. 86–33, 73 Stat. 62.Aug. 2, 1962, Pub. L. 87–566, 76 Stat. 264. In subsection (a)(1), the exception for the President and Vice President is omitted as surplusage as these elected officers are not employed in or under an agency and thus are not included in the definition of “employee” in section 4101(2). In subsection (a)(1)(C), the words “as defined by section 231(a) of Title 37” are omitted as unnecessary in view of the definition of “uniformed services” in section 2101(b). The words “section 204 of title 37” are substituted for “section 232–234, 235, 236, 237, 238, and 239 of Title 37” on authority of section 12(b) of the Act of Sept. 7, 1962, Pub. L. 87–649, 76 Stat. 497. In subsection (a)(2)(B), the words “by the President” are coextensive with and substituted for “by the President by and with the advice and consent of the Senate or by the President alone”. In subsection (b)(1), reference to “section 21, and section 22” is omitted as unnecessary since the sections are not carried into this title, but are scheduled for repeal, see Table II. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—Subsec. (a)(1)(C). Pub. L. 96–54, § 2(a)(19), substituted “National Oceanic and Atmospheric” for “Environmental Science Services”. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”. 1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”. 1975—Subsec. (a)(2)(B). Pub. L. 94–183 struck out “(except a Postmaster)” after “an individual appointed by the President”. 1967—Subsec. (a)(1)(C). Pub. L. 90–83 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey.” See
Historical and Revision Notes
under section 2101 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 1979 Amendment
Amendments
by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Executive Documents
Delegation of Functions Functions of President under subsec. (b)(1) of this section delegated to Office of Personnel Management, see section 401(a) of Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under section 4103 of this title. Ex. Ord. No. 10805. Central Intelligence Agency Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided: section 1. The Central Intelligence Agency is hereby designated as excepted from the following-described provisions of the Government Employees Training Act [this chapter and section 1308 of this title]: (a) section 2(4), 6, 9(b)(1), 11, 12, 15, 16, and 18 [section 4117, 4118, 4105(b)(1), 4108, 4106, 4114, 4115, and 1308(a)(4)(A)–(C), (b) and 4113(b) respectively of this title]. (b) The last sentence of section 5 [section 4113(a) of this title]. (c) That part of section 7 [section 4103(1) of this title] which reads “shall conform, on or after the
Effective Date
of the
Regulations
prescribed by the Commission under section 6 of this Act [section 4118 of this title], to the principles, standards, and related requirements contained in such
Regulations
then current,”. (d) That part of section 10 [section 4109(a) of this title] which reads “in accordance with
Regulations
issued by the Commission under authority of section 6(a)(8) [section 4118(a)(8) of this title].” Sec. 2. section 2 of Executive Order No. 10800, of
January 15, 1959, is hereby amended by deleting the reference to “section 5” and the reference to “section 5(b)” and by inserting in lieu thereof “section 4” and “section 4(b)”, respectively. Executive Order No. 11531 Ex. Ord. No. 11531,
May 26, 1970, 35 F.R. 8337, which related to the delegation of Presidential authority to designate United States Marshals and United States Attorneys for training, was superseded by Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, set out below. Ex. Ord. No. 11895. Delegation of Presidential Authority To Designate Individuals Appointed by the President To Receive Training Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: section 1. Except as provided in section 2 of this Order, the Office of Personnel Management is hereby designated and empowered to exercise the authority vested in the President by section 4102(a)(2)(B) of Title 5, United States Code, to designate individuals appointed by the President for training under Chapter 41 of Title 5, United States Code. Sec. 2. The Attorney General is hereby designated and empowered to exercise the authority vested in the President by section 4102(a)(2)(B) to designate individuals appointed by the President as United States Attorneys and United States Marshals for training under Chapter 41 of Title 5, United States Code. Sec. 3. Executive Order No. 11531 of
May 26, 1970, is hereby superseded.
Reference
Citations & Metadata
Citation
5 U.S.C. § 4102
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73